"Choosing Certainty

Both patent owners and petitioners may be opting for early settlement to avoid the uncertainty that surrounds any IPR proceeding. Since IPRs only have been available for two years, every PTAB decision charts new territory, and even procedural questions are unresolved. Moreover, the Federal Circuit and Supreme Court have yet to decide whether the PTAB’s interpretations and applications of the governing statutes are correct. Thus, even following PTAB precedent is an uncertain prospect. It will be interesting to see whether the settlement rate changes once some of these issues are resolved."

amazing..AIA at its best.

doni